(A) Purpose and scope.
(1) Purpose. The purpose of this section is to establish general guidelines and regulations governing the location, size and design of commercial outdoor entertainment uses to be located within the town.
(2) Goals. The goals of this section are:
(a) To protect the health, safety and welfare of the citizens of the town.
(b) To promote and encourage compatible outdoor uses in a comprehensive fashion that enhances the character and sense of place of the town.
(c) To encourage the location of commercial outdoor uses to protect the residents and visitors to the town from the off-site impacts of such uses.
(d) To minimize the adverse visual, acoustical, or other negative impact of commercial outdoor uses.
(e) To maintain and enhance the character and sense of place for the town.
(3) Scope. Except as otherwise provided in this section, no commercial outdoor entertainment shall be established, modified, expanded, moved, or otherwise altered unless a special use permit has been approved by the Board of Adjustment. No special use permit or other permit shall be issued that is not in compliance with this section. General maintenance and upkeep, such as minor repairs, painting, cleaning, and similar activities to existing commercial outdoor entertainment uses shall not require the issuance or re-issuance of a special use permit.
(4) Expiration. A special use permit shall expire pursuant to the provisions of§ 154.195 et seq. Vested Rights, or immediately upon the abandonment of the use for two consecutive years.
(5) Existing commercial outdoor entertainment. Commercial outdoor entertainment uses existing at the time of adoption of §§ 154.117(V) through 154.117(X) shall be considered existing non-conforming uses and subject to § 154.131 unless and until a special use permit is obtained.
(B) Performance standards. Commercial outdoor entertainment may be permitted in commercial zoning districts identified in the permitted use table as a special use; provided that the following standards and conditions of this section have been met and that the proposed use meets all the requirements imposed on it by this chapter.
(1) The use will be an enhancement to the character and sense of place of the town, as determined by the decision-making body deciding the application and pursuant to the town's most recent comprehensive plan with particular emphasis on the Community Design, Image, and Character Chapter.
(2) The application for a special use must be accompanied by a site plan showing the dimensions of the property, the location and size of any proposed outdoor entertainment, the location and dimensions of parking, landscaping, lighting, and access ways.
(3) The outdoor use shall be adequately screened with locally appropriate or native vegetation, existing vegetation, topography, fences, walls, or with buildings conforming to § 154.120 et seq., from any conforming adjacent residential use, so as to provide a visual screen and acoustical buffer between the residential and outdoor use.
(4) Landscaping shall be an integral part of the site plan to help the outdoor entertainment equipment and/or facilities blend in with the surrounding property and to serve as a natural buffer.
(5) Outdoor uses shall demarcate the boundaries of the site for guests and shall include fences, walls, or other techniques such as landscaping to ensure guests to do not inadvertently trespass on adjacent private property.
(6) Any lighting provided for the outdoor use shall comply with § 154.151 et seq.
(7) Any music or other noise generated from the outdoor use shall conform to § 94.25 et seq.
(8) The application for a special use permit must also include information concerning the type and manner of any amplification of music and sound, type of activities to take place on the site and the audible range of the music and the sound from their amplification.
(9) Adequate parking shall be provided for all uses of the site including the outdoor use according to § 154.132.
(10) No entertainment equipment, machinery, or mechanical device of any kind with visibly moving parts may be operated within the site.
(11) The application for special use permit must also include the frequency and hours of operation for the outdoor use and any events.
(12) Outdoor uses shall ensure adequate ingress and egress from all buildings and structures to accommodate emergencies.
(13) Outdoor uses shall provide adequate permanent restroom facilities available on site for use by employees and patrons.
(14) Trash receptacle(s) shall be located strategically throughout the entertainment area so as to provide adequate refuse collection. Trash receptacles shall be emptied after each use such that no refuse will be left overnight in an unsecured receptacle or location. The Board of Adjustment may allow an exception to the emptying requirement for trash receptacles that are manufactured as bear-resistant.
(15) Any outdoor storage or equipment shall be screened from public view and adjacent residential land uses.
(Ord. 2022-06, passed 10-11-2022)